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(영문) 서울중앙지방법원 2014.10.31 2014고단6651
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2014, at around 16:15, the subway No. 243, located in Asan-ro 243, Gansan-ro, Gwangjin-gu, Seoul, taken up approximately 44 seconds of women's fats in front of others' cell phoness, mixed with the gap in which people's surveillance was neglected, using other defendant's cell phoness, on two occasions.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to screen screen pictures;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. It is an unfavorable circumstance that the defendant was sentenced to a fine of the same kind for reasons of sentencing under Article 48(1)1 of the Criminal Act.

Provided, That the defendant is against the defendant, and the defendant is only one victim, and the punishment shall be determined as per the disposition in consideration of the fact.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies

Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc.

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